"The Constitutional Accountability Center issued a report (here is the press release, and here is the report) suggesting that the Roberts Court has dramatically altered the outcomes of corporate and business interests in the Supreme Court.

Seems like a big deal, but the stats in Indian law blow that away (of course, there are far few cases).

In the last five Terms of the Supreme Court, tribal interests have won zero cases, out of just three (at least two more on are on the way this Term). But since Justice Scalia joined the Court, tribal interests have won 14 out of 51 cases, a “win” percentage of 27%.

From the beginning of the modern era of Indian law (1959) until Justice Scalia joined the bench, tribal interests “won” 47 out of 80 cases, for a “win” rate of 59%. Seems like tribal interests are feeling a much bigger negative impact than business interests are feeling a positive impact.

We think this goes to a greater invisibility of American Indian law, Indian tribes, and Indian people, present in most aspects of law and policy. What’s changed? Are Indian tribes suddenly less competent to govern? Hardly, and in fact they are stronger than since before the Founding of the United States. Indian law profs have been decrying the rise of open and notorious judicial policymaking in Indian law for two decades, apparently to little effect or interest in the mainstream."

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The Relative Invisibility of the Supreme Court’s Record on Indian Law (Turtle Talk 10/26)